ACT Law Society Annual Report 2017-2018
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ACT LAW SOCIETY ANNUAL REPORT 2017-18 ACT LAW SOCIETY ANNUAL REPORT 2017-18 ARii ACT LAW SOCIETY ANNUAL REPORT 2017-18 PRESIDENT’S REPORT . 4 TREASURER’S REPORT . 6 CORPORATE OVERVIEW Role of the Law Society . 8 Governance . 9 Committees . 10 Secretariat . 11 Sponsors . 11 COMMUNITY Legal Advice Bureau . 12 Pro Bono Clearing House . 13 Law Week . 13 Reconciliation . 15 LGBTI+ . 16 Charitable donations . 16 Awards to university students . 17 MEMBERS Our members . 18 Recognising member achievements . 20 Social events . 23 OPERATIONS Submissions . 26 Continuing Professional Development . 27 Professional Conduct . 30 COMMITTEES Access to Justice & Human Rights . 32 Civil Litigation . 32 Criminal Law . 33 Elder Law & Succession Law . 34 Family Law . 36 Government Law . 38 Inclusion & Diversity . 39 Industrial Relations . 40 International Lawyers . 40 Legal Profession Act & Ethics . 40 Military Law . 41 Property Law . 42 Young Lawyers . 43 Committees listed elsewhere in this report . 44 FINANCIAL STATEMENTS The Law Society of the ACT — General Account . FS/2 Statutory Deposits Trust Account . FS/18 The Statutory Interest Account . FS/26 The Solicitors’ Fidelity Fund of the ACT . FS/36 ARiii PRESIDENT’S REPORT 2017–18 has again been a busy year for the Society and legal practitioners in the ACT During my second (and final) term as President, I continued to focus on enhancing the standing of lawyers in the broader community, and on the connected goals of collegiality and wellbeing within the ACT legal profession . I continued to advocate on your behalf, to highlight what you can be proud of, and to build bridges to connect our diverse practitioners with each other and with the broader community . With these goals in mind, the Society has run or participated in a range of activities throughout the financial year, including informal Fresh Air and Sunshine Walks, quarterly members’ lunches, other social functions, and the launch of the ACT Law Society’s Reflect Reconciliation Action Plan (RAP) . Community events The Society has continued to engage with the broader community . Our committees participated in community events (such as the Law Week Wills Day), and we were pleased to provide support to a local charity for the year, ADACAS (the ACT Disability, Aged and Carer Advocacy Service) . The Society also continues to build the funds in the Law Society Foundation . This is on top of the untold hours spent by firms and individual practitioners, as well as other members of the legal community, who have attended events such as Fair Day and other open days, and who have run events like trivia nights and golf days to raise funds for deserving causes . Pro bono work I acknowledge with pride and gratitude the considerable pro bono work of so many of our ACT legal practitioners . The Society relies on the generous support of its members to conduct its Legal Assistance Bureau and its Pro Bono Clearing House . Together, these initiatives have assisted over a thousand people this year alone . In addition, the Society recognises that so many of our practitioners and firms perform pro bono work PR4 ACT LAW SOCIETY ANNUAL REPORT 2017-18 PRESIDENT’S PRESIDENT’S REPORT REPORT independently or through local groups . Your support of Our Courts the ideal of access to justice is greatly appreciated . This year we also saw some changes in our Courts . We were honoured to host a farewell dinner for the Law reform Hon Hilary Penfold . This well-attended event enabled The Society has made a number of submissions and the profession to express their high regard for the first provided comments to government on proposed law woman appointed to the role of Resident Judge of the reform throughout the year . To do so, we rely on the ACT Supreme Court . expertise of our committee members, and we thank them for their time and continued efforts . We were also pleased to welcome the Hon Justice Chrissa Lukas-Karlsson to the ACT Supreme Court . This year, we have made submissions in relation to a range of issues including tendency and coincidence law, We were also very pleased to welcome local solicitor combat immunity, compulsory third party insurance and Law Society member Louise Taylor to the bench of and its impacts on injured people, and sexual offences . the ACT Magistrates Court . We also contributed to the ALRC’s report Pathways to Justice—Inquiry into the Incarceration Rate of Aboriginal Thank you and Torres Strait Islander Peoples (ALRC Report 133) . I would like to thank the Immediate Past President, This is just a very small snapshot of the submissions Martin Hockridge, for his tireless work for the Society that the Society has made for the betterment of the over his three-year term as President and his two-year profession and the community . term as Immediate Past President (as well as his many years as Councillor and Vice President) . The Family Law Committee is presently in the thick of the Commonwealth Government’s family law reform In addition, I acknowledge the invaluable assistance project . We thank them for their tenacity and recognise and the hard work of the members of the Executive that this is going to be an uncertain period for family law and the Council . It is not easy to make decisions about practitioners . We invite any member who feels under discipline, and I thank you for your dedication to the pressure or stress to contact the Law Society’s EAP good governance of the Law Society and in maintaining provider Acacia (phone 1300 364 273) or to contact a the good reputation of our profession . I also thank you Members Advisor for some pastoral assistance . for ensuring that as best we can, the Council tempers protection of the public with mercy for our members . Continuing Professional Development CPD continues to be a focus of the Society as we On behalf of the Law Society, I thank Louise ensure that we make a variety of quality seminars and Vardanega PSM, who has been a constant and steady presentations available to our members . We conducted hand on the Executive in the position of Secretary, 38 CPD events over the year, including the annual a role she has held for 25 years . Louise Vardanega two-day intensive . The Elder Law conference and is stepping out of the role after September 2018 Government Law afternoons were again very popular . and I could not let her immense contribution go Members’ feedback during my visits to firms was unacknowledged . that you would like more technical, black-letter CPD I would also like to record my sincere thanks to the sessions, and we are aiming to deliver . Law Society secretariat staff for their hard work and Again, we are grateful to the many practitioners who dedication throughout the year . I will certainly miss happily share their expertise and participate in our them, and I will miss interacting with you . CPD program as presenters . If you would like to be a Sarah Avery presenter or suggest a topic, please contact us . PRESIDENT PR5 TREASURER’S REPORT I am pleased to present the Annual Report on the Society’s Accounts for 2017–18 . Overview of accounts General Account This account covers the income and expenditure relating to the general operations of the Society . Statutory Deposits Trust Account This account comprises deposits of solicitors’ trust moneys lodged with the Society to earn interest which is paid into the Statutory Interest Account . Statutory Interest Account This account accumulates the interest earned on funds deposited in the Statutory Deposits Trust Account together with interest earned on the balances in solicitors’ trust accounts . The Society makes grants from this account to the Legal Aid Commission and other community legal aid centres . The costs of disciplinary proceedings and general legal costs related to legal practitioners are also funded from this account . Solicitors’ Fidelity Fund The Fidelity Fund exists to meet any claims by clients for compensation in respect of loss arising from a solicitor’s failure to account for trust funds or other valuable property . The costs of random inspections, investigations and the appointment of managers are met from this Fund . General Account The General Account recorded a surplus of $414,690 which increased the Society’s accumulated funds to $2,551,743 as at 30 June 2018 . The favourable result was higher than budgeted predominantly due to the Society’s increasing membership numbers and higher than budgeted revenue from CPD seminars, practice management TR6 ACT LAW SOCIETY ANNUAL REPORT 2016-17 TREASURER’S TREASURER’S REPORT REPORT course income and sales of residential contracts . There expenses . The decrease can be attributed to changes were a number of budgeted expenses not finalised in made in the disciplinary processes along with the 2017–18 which also contributed to the higher surplus . finalisation of some long running matters . The Society is expecting to record a surplus for the For the 2017–18 financial year Council agreed that 2018–19 financial year . $1,477,000 will be disbursed . An amount will be allocated towards grants to the Legal Aid Commission Statutory Deposits Trust Account and other community legal aid organisations . It is also Total deposits at 30 June 2018 amounted to intended that part of the disbursement will be paid to $48,781,077 which is a substantial increase of 45 .5% the Fidelity Fund as it has failed to increase in line with on deposits held in the previous year . This follows the increased balances held in solicitor trust accounts, an increase from the year prior of 24 .5%, indicating meaning a greater exposure to risk . After the full that balances held in solicitor trust accounts continue disbursement, the Statutory Interest Account remains in to grow .